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cj750

Joined: 27 Apr 2004 Posts: 3081 Location: Beijing
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Posted: Wed Jan 05, 2005 4:09 am Post subject: Residence Permit Cancellation |
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I was just asked a question that I am unsure of so I thought to turn to the group for info.
If the school cancelled the program and you are asked to take another job at a 5K cut per month..in other word they break the contract and want you to sign another but you refuse "Can the school, cancel yur residence permit"..now s'pose that the employee paid for the permit and all related cost..in other words can a school cancell residence permits.. |
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Sinobear

Joined: 24 Aug 2004 Posts: 1269 Location: Purgatory
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Posted: Wed Jan 05, 2005 4:45 am Post subject: |
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No. Only the PSB can issue/rescind your Residence Permit. It's your property. Never surrender your R.P to your school unless it's to get it renewed. Upon departure from China, you are supposed to surrender the R.P to the Frontier Station.
Your work permit and F.E.C (Foreign Expert Certificate) are issued directly for the school that employs you and thus are not required to be in your possession.
Cheers! |
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Roger
Joined: 19 Jan 2003 Posts: 9138
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Posted: Wed Jan 05, 2005 5:14 am Post subject: |
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They can break their own contract, of course, and get away with it, that's what you need to know. What your contract says is one thing; whether they live up to it is another. Penalties? You pay, not them.
What amazes me is that YOU PAID for your various official documents. Why? That's not standard practice!
Now if they do break their contract you can raise hell and claim indemnities - and never see the underside of a single jiao! You can also cooperate with them and swallow your pride. If they keep their word on the new contract you will have been lucky!
Here is a suggestion: ask them to at least pay out your airfare RIGHT NOW, and IN FULL, then offer your service for the new term. Make an extra stipulation that you are free to accept work on the side.
Oh yes, if they cancel the contract your permits become invalid although no one can cancel them unless you surrender them. However, do you want more trouble? |
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cj750

Joined: 27 Apr 2004 Posts: 3081 Location: Beijing
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Posted: Thu Jan 06, 2005 1:45 am Post subject: |
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The residence permit is now a sticker in the passort...
With third party employers..those outside of China, it is often that you pay your own exp. and then the overseas company will reinverse money paid out for paperwork..as to the contract..I have legal representation and that is being worked out...this is a normal event when working for a company from outside the PRC. The partner school doent even control the paycheck so little way they can cheat the FT. The question is the residence sticker...in years before when I had six month contracts I would get the years visa and then work free lance for the rest of the time..that was not in Beijing and perhaps it was easier to accomplish this in another location. Now the permit is in the passport and I wonder how this will affect the ability to keep track...use to be when I first came to China a lot of Backpackers would get a residence visa..midnite run and travel the rest of the year in Chna with no problem even getting re entry visa from the local PSB office..but within the last 4 years some changes have taken place...and by the way a contract is still a contract...if you make the schools live up to their word... |
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